All the material as well as the content on the TripKen web site, including, but not limited to, text, images, illustrations, audio and video clips are protected by a copyright or consist of copyrights, trademarks, service marks, and/or other intellectual property rights (here and after "Intellectual Property"). The Intellectual Property is governed and protected by United States and worldwide copyright, trademark, and/or other intellectual property laws and treaty provisions, privacy and publicity laws, and communications regulations and statutes. The Intellectual Property is owned or controlled by TripKen and/or other parties that have licensed to TripKen the right to use their Intellectual Property or have given the right to market their products and/or services (collectively the "IP Providers"). The Intellectual Property can only be made available for non-commercial or personal use. All the additional copy copyright notices, information, or restrictions contained in any material or content on the TripKen web site are accepted by the users and users agree to abide by the same.
Any post on the website (including the posts by e-mail or other electronic means) is the intellectual property of TripKen and may not be copied, reproduced, republished, uploaded, transmitted, distributed without the prior written consent of the IP Providers. Modification of any Intellectual Property or use of any Intellectual Property in any form for any other purpose is a violation of the copyrights, trademark rights, and other proprietary rights and liable to prosecution. The use of Intellectual Property on any other site or networked computer environment, or maintaining unauthorized links to the TripKen web site, is prohibited under these Terms. TripKen uses a list of software, applications, and modules (collectively, "software") that are proprietary to or licensed to us by other parties ("Software Providers", together with IP Providers, the "Providers"). Any software on TripKen web site may not be reproduced, reverse engineered,
Create derivative works of, reverse assembled or reverse compiled, sold, leased, distributed, and rented, assigned or modified. Further, no one can:
1. Use any device, software, or routine that interferes or attempts to interfere with the normal operation of the TripKen web site; 2. Perform any action that is deemed by us to impose a burden or unreasonable load on our computer equipment; 3. Use any "robot", "spider", or other automatic device (or a program, algorithm, or methodology with similar processes or functionalities), or any manual process or functionality, to monitor, assemble, analyze, index, copy, transmit, distribute, transfer, or link to any of the pages, data, materials, or content available on this Site.
Uploading any material that contains any virus, worm, "Trojan horse", "time bomb", or similar contaminating or destructive feature on TripKen website is strictly prohibited. In case of such violations, TripKen holds the right to take a legal action and violators may be prosecuted to the maximum extent of the law.
There may be links to sites that are not maintained by us, on our website. Although every sincere effort is made to include links to only those sites that are safe for the visitors but we do not review the content posted on such sites regularly. These links are provided solely as a convenience to you and TripKen doesn’t necessarily endorse all of the materials appearing on such sites. TripKen do not make any representation regarding the content on such sites and neither takes any responsibility for the same. Users choosing to link to a third party are doing so at their own risk and TripKen takes no responsibility for the content or security issues on third party website.
Disclaimer of Warranties
The services and materials on the TripKen web site are provided "as is". To the fullest extent permissible pursuant to applicable law, we, and our providers or distributors, disclaim all warranties, express or implied, including, but not limited to:
1. Implied warranties or merchantability, fitness for a particular purpose, and title to any of the services and materials provided on the TripKen web site
2. Any warranties that the functions contained in the services and materials will be uninterrupted or error-free, that defects will be corrected, or that the TripKen web site or the server that makes it available are free of viruses or other harmful components
3. Any warranties regarding the use, or results of the use, of the services and materials on the TripKen web site in terms of their correctness, accuracy, reliability, timeliness, or otherwise. You alone assume any and all costs arising in connection with your use of the TripKen web site.
Limitation of Liability
Under no circumstances including, but not limited to negligence, shall we and/or our providers or distributors, be liable for any kind of damages, or viruses that may infect your computer equipment or other property on account of your access to use of or browsing on the TripKen web site, or downloading of any materials, data, text, images or other information from the TripKen web site. Under any condition, TripKen, and/or our providers or distributors, will not be liable for any injury, loss, claim, damage, or any special, punitive, indirect, incidental, or consequential, damages of any kind (including but not limited to lost profits or lost savings), whether based in contract, tort, strict liability, or otherwise, that arise out of or are in any way connected with the use, or the inability to use, the TripKen web site or the services or materials on TripKen web site, even if advised of the possibility of such damages.
For any claim, cause of action, or demand, including without limitation reasonable legal and accounting fees, brought by or on your behalf in excess of the liability described herein or by third parties as a result of your individual use of the TripKen web site, you shall defend and indemnify us, our Providers and Distributors, and each of their respective officers, directors, employees, and agents, from and against such an action.
Entire Agreement. Governing Law. Venue. Severability
This agreement, including any other terms and conditions referenced herein, constitutes the entire agreement with respect to this Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, with respect to this Site. For judicial or administrative proceedings based upon or relating to, this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form, a printed version of this agreement and of any notice given in electronic form shall be admissible.